Back in March of this year, a federal judge declined to dismiss the lawsuit which argued that President Trump’s continued stake in the Trump Organization is unconstitutional due to Trump’s violation of constitutional prohibition on accepting certain gifts or payments from foreign states without the consent of the United States Congress.

Maryland and Washington, DC, have also sued Trump over the U.S. Constitution’s “emoluments’ clause which forbids federal officials from accepting gifts or payments for services from foreign governments or U.S. states. The suit argued that Trump is violating the U.S. Constitution because his businesses are making money in various parts of the world and receiving payments from foreign governments as well as state and federal officials.

The biggest question of the lawsuit was whether the states could prove that they had “standing” in the case, meaning that they had suffered injury that would give them ground to sue. The U.S. District Judge Peter Messitte ruled that the states did have standing and the lawsuit could continue. Messitte’s decision was based on the fact that the states successfully showed that they have been injured by the advantages that Trump’s businesses gained over the states and their interests through his continued businesses stake in the Trump Organization while he is in the office as the President of the United States. However, Messitte did make a distinction: the states had standing to sue over the emoluments clause as it relates to the Trump Organization’s DC hotel, but not as it relates to other properties, such as Mar-a-Lago in Florida and Trump’s various ventures in other nations. Therefore, the scope of this case is limited to DC area because Maryland and DC government could show that they had suffered an injury there. This ruling was very important for the states, enabling the lawsuit to go forward and possibly leading to more discovery that could force uncomfortable disclosures by Trump and his company.

President Trump, even though not being subjected to the same conflict of interest rules as other federal officials, is still bounded by the U.S. Constitution. Thus far, Trump has refused to disconnect himself from the Trump Organization. He insists on placing his holdings into a blind trust overseen by his children, which is considered as meaningless by most ethics experts. Blind trusts are usually run by independent figures rather than family members. Furthermore, since Trump Organization carries Trump’s name, money spent on Trump Organization may be interpreted as money that could end up in President Trump’s pocket.

It is difficult to prove violations of the emoluments clauses because there is little precedent and the definitions are poorly understood. It is difficult to prove that any one has been wronged by any alleged violations. Nevertheless, Maryland and DC now have cleared some of the hurdles. Much remains to be seen. The judge so far has not made any rulings on the allegations in the case, accusing Trump of taking illegal gifts from foreign governments through his family’s business. The court is still weighing in the definition of emoluments and other questions pertaining to the lawsuit.

Gathered, written, and posted by Windermere Sun-Susan Sun Nunamaker
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I am a mother/wife/daughter, math professor, solar advocate, world traveler, yogi, artist, photographer, sharer of knowledge/information, and resident of Windermere, FL. I've worked professionally in applied math, engineering, medical research, and as a university math professor in IL and FL for about 20 years. My husband and I loved Disney and moved down to Central Florida initially as snowbirds. But we've come to love the warmth and friendly people offered by this community and decided to move down to Windermere, FL full time in 2006. I am now spending time sharing information/ knowledge online, promoting understanding of math and solar energy (via http://www.sunisthefuture.net ), and developing Windermere Sun (http://www.WindermereSun.com) as an online publication, sharing and promoting Community ABC's (Activities-Businesses-Collaborations) for healthier/happier/more sustainable living. In the following posts, I'll be sharing with you some of the reasons why Windermere has attracted us to become full-time residents of Central Florida region. Please feel free to leave your comments via email at "Contact Us" in the topbar above or via info.WindermereSun@gmail.com.
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